Supreme Court highlights case of "being dismissed after closing eyes for 3 minutes during an 8-hour workday"! Legally regulating unreasonable assessments and dismissal of employees

On March 9th, Zhang Jun, President of the Supreme People’s Court, delivered the work report of the Supreme People’s Court at the Fourth Session of the 14th National People’s Congress, mentioning the case of “being dismissed for closing eyes for 3 minutes after working 8 hours.”

The report states: Regulate unreasonable assessments and dismissals of employees according to law. Yu Mou worked continuously for over 8 hours without the company arranging for a replacement. He was dismissed after closing his eyes for a 3-minute rest, which the Guangdong court found to be an illegal termination of the employment contract.

Basic case details:

Yu Mou worked as a store manager at Pin Mou Company. On September 26, 2024, the company notified Yu Mou that the employment relationship was terminated that day. The company claimed that on September Mou, Yu Mou was sleeping on the cash register stool while customers were in the store; on August Mou, the store he managed had closed during business hours, violating mall policies and causing serious losses, thus justifying the termination. Yu Mou stated that on September Mou, he started work at 9:30 a.m. and finished at 10:30 p.m., and all work that day was completed by him alone. Around 8 p.m., after working more than 8 hours, he felt physiologically exhausted and closed his eyes for a 3-minute rest. Regarding the store closure in August, it was due to only one employee in the store that day, who briefly closed the door while using the restroom. Yu Mou requested compensation from Pin Mou Company through arbitration, but the company was dissatisfied with the arbitration award and filed a lawsuit.

The court held that on September Mou, Yu Mou worked continuously for over 8 hours without a replacement arranged by the company. His act of closing his eyes for rest due to fatigue was a normal physiological phenomenon, and the existing evidence could not prove that he was sleeping for a long time or that it affected sales. The store closure in August was due to restroom use, and Yu Mou provided a reasonable explanation. Although the company provided a video, the footage was only 2 seconds long, showing Yu Mou with his hand on his head, eyes closed, leaning against the backrest, which was insufficient to prove he was sleeping for a long period or that it affected the store’s normal sales and caused direct economic losses. In summary, Yu Mou’s behavior was not a serious fault, and the company lacked evidence to prove that his actions caused the “serious loss” stipulated in the penalty regulations. The termination lacked factual and legal basis and was an illegal dismissal. Therefore, the court ruled to dismiss all claims filed by the company.

The case of an employee being dismissed for working over 8 hours and closing eyes for 3 minutes has been selected as one of the “Top Ten Cases Promoting Rule of Law in the New Era 2025.” The recommendation states: Although this case appears to be a common labor dispute on the surface, it actually reveals the deep-rooted management issues of some enterprises that neglect workers’ basic rights. The court’s ruling clearly affirms that the right to rest is a fundamental right protected by law. The fair judgment defends the dignity and legal rights of workers, shifting the focus from “more work” to “better work”; it also helps promote employers to change their management philosophy, actively implement laws and regulations, adopt scientific and reasonable management systems, guide the establishment of harmonious labor relations, and support high-quality enterprise development.

Text | Reporter Yan Min